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IN RE PALAU CORP.

No. 92-55720.

18 F.3d 746 (1994)

In re PALAU CORPORATION, Debtor. NATIONAL LABOR RELATIONS BOARD, Appellant, v. Edward M. WALSH, Trustee for Palau Corporation, Debtor, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 1994.

Attorney(s) appearing for the Case

Eric G. Moskowitz, Deputy Assistant General Counsel for Special Litigation, Washington, D.C., for the appellant.

Linda Sorensen, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, California, for the appellee.

Before: ALARCON, LEAVY, and KLEINFELD, Circuit Judges.

LEAVY, Circuit Judge:

In this case we must decide whether an unlawfully discharged employee's claim for backpay is entitled to administrative priority when his claim accrued after the former employer filed a petition in bankruptcy. For the reasons which follow we conclude that the claim is not entitled to priority as an administrative expense of the bankruptcy estate.

FACTS AND PRIOR PROCEEDINGS

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